Phœnix v. Hill

3 Johns. 249
New York Supreme Court·Decided May 15, 1808·Published·Cited by 5 cases

Opinion

Per Curiam.

There is no evidence that the administrator, knowingly, brought a wrong action, and we are not to presume it. We are, therefore, of opinion that he ought to be allowed to discontinue without the payment of costs.

Rule granted.

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Phœnix v. Hill, 3 Johns. 249 (N.Y. Super. Ct. 1808).

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